WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This Act may be cited as the ''Facial RecognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.Sec. 2(3) and Biometric Technology Moratorium Act of 2023''.
This section establishes the short title of the Act as the Facial Recognition and Biometric Technology Moratorium Act of 2023. It creates no compliance obligations.
(1) BIOMETRIC SURVEILLANCE SYSTEMBiometric surveillance systemThe term "biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition in real time or on a recording or photograph.Sec. 2(1).—The term ''biometric surveillance systemBiometric surveillance systemThe term "biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition in real time or on a recording or photograph.Sec. 2(1)'' means any computer software that performs facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.Sec. 2(3) or other remote biometric recognitionOther remote biometric recognitionThe term "other remote biometric recognition"— (A) means an automated or semi-automated process that— (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual's gait or other immutable characteristic ascertained from a distance; (ii) uses voice recognition technology; or (iii) logs such characteristics to infer emotion, associations, activities, or the location of an individual; and (B) does not include identification based on fingerprints or palm prints.Sec. 2(6) in real time or on a recording or photograph.
(2) BYRNE GRANT PROGRAMByrne grant programThe term "Byrne grant program" means the grant program authorized under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.Sec. 2(2).—The term ''Byrne grant programByrne grant programThe term "Byrne grant program" means the grant program authorized under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.Sec. 2(2)'' means the grant program authorized under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.
(3) FACIAL RECOGNITIONFacial recognitionThe term "facial recognition" means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.Sec. 2(3).—The term ''facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.Sec. 2(3)'' means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.
(4) FEDERAL OFFICIALFederal officialThe term "Federal official" means any officer, employee, agent, contractor, or subcontractor of the United States Government.Sec. 2(4).—The term ''Federal officialFederal officialThe term "Federal official" means any officer, employee, agent, contractor, or subcontractor of the United States Government.Sec. 2(4)'' means any officer, employee, agent, contractor, or subcontractor of the United States Government.
(5) IN THE UNITED STATESIn the United StatesThe term "in the United States" means all areas within the external boundary of the United States, its territories and possessions, including airports, ports of entry, and border zones.Sec. 2(5).—The term ''in the United StatesIn the United StatesThe term "in the United States" means all areas within the external boundary of the United States, its territories and possessions, including airports, ports of entry, and border zones.Sec. 2(5)'' means all areas within the external boundary of the United States, its territories and possessions, including airports, ports of entry, and border zones.
(6) OTHER REMOTE BIOMETRIC RECOGNITIONOther remote biometric recognitionThe term "other remote biometric recognition"— (A) means an automated or semi-automated process that— (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual's gait or other immutable characteristic ascertained from a distance; (ii) uses voice recognition technology; or (iii) logs such characteristics to infer emotion, associations, activities, or the location of an individual; and (B) does not include identification based on fingerprints or palm prints.Sec. 2(6).—The term ''other remote biometric recognitionOther remote biometric recognitionThe term "other remote biometric recognition"— (A) means an automated or semi-automated process that— (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual's gait or other immutable characteristic ascertained from a distance; (ii) uses voice recognition technology; or (iii) logs such characteristics to infer emotion, associations, activities, or the location of an individual; and (B) does not include identification based on fingerprints or palm prints.Sec. 2(6)''— (A) means an automated or semi-automated process that— (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual's gait or other immutable characteristic ascertained from a distance; (ii) uses voice recognition technologyVoice recognition technologyThe term "voice recognition technology" means the automated or semi-automated process that assists in identifying or verifying an individual based on the characteristics of an individual's voice.Sec. 2(7); or (iii) logs such characteristics to infer emotion, associations, activities, or the location of an individual; and (B) does not include identification based on fingerprints or palm prints.
(7) VOICE RECOGNITION TECHNOLOGYVoice recognition technologyThe term "voice recognition technology" means the automated or semi-automated process that assists in identifying or verifying an individual based on the characteristics of an individual's voice.Sec. 2(7).—The term ''voice recognition technologyVoice recognition technologyThe term "voice recognition technology" means the automated or semi-automated process that assists in identifying or verifying an individual based on the characteristics of an individual's voice.Sec. 2(7)'' means the automated or semi-automated process that assists in identifying or verifying an individual based on the characteristics of an individual's voice.
This section defines seven key terms used throughout the Act. The broadest is biometric surveillance system, which encompasses any computer software performing facial recognition or other remote biometric recognition in real time or on recordings. Facial recognition includes both identification and emotion/activity inference from facial characteristics. Other remote biometric recognition covers gait analysis, voice recognition, and inference from immutable characteristics ascertained from a distance, but expressly excludes fingerprint and palm-print identification. The definition of Federal official extends beyond federal employees to include agents, contractors, and subcontractors. The geographic scope — in the United States — is defined to include airports, ports of entry, and border zones.
(a) 1 IN GENERAL.—Except as provided in subsection (b), it shall be unlawful for any Federal agency or Federal officialFederal officialThe term "Federal official" means any officer, employee, agent, contractor, or subcontractor of the United States Government.Sec. 2(4), in an official capacity, to acquire, possess, access, or use in the United StatesIn the United StatesThe term "in the United States" means all areas within the external boundary of the United States, its territories and possessions, including airports, ports of entry, and border zones.Sec. 2(5)— (1) any biometric surveillance systemBiometric surveillance systemThe term "biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition in real time or on a recording or photograph.Sec. 2(1); or (2) information derived from a biometric surveillance systemBiometric surveillance systemThe term "biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition in real time or on a recording or photograph.Sec. 2(1) operated by another entity.
(b) 1 EXCEPTION.—The prohibition set forth in subsection (a) does not apply to activities explicitly authorized by an Act of Congress that describes, with particularity— (1) the entities permitted to use the biometric surveillance systemBiometric surveillance systemThe term "biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition in real time or on a recording or photograph.Sec. 2(1), the specific type of biometric authorized, the purposes for such use, and any prohibited uses; (2) standards for use and management of information derived from the biometric surveillance systemBiometric surveillance systemThe term "biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition in real time or on a recording or photograph.Sec. 2(1), including data retention, sharing, access, and audit trails; (3) auditing requirements to ensure the accuracy of biometric surveillance systemBiometric surveillance systemThe term "biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition in real time or on a recording or photograph.Sec. 2(1) technologies, standards for minimum accuracy rates, and accuracy rates by gender, skin color, and age; (4) rigorous protections for due process, privacy, free speech and association, and racial, gender, and religious equity; and (5) mechanisms to ensure compliance with the provisions of the Act.
(c)(1) 2 JUDICIAL INVESTIGATIONS AND PROCEEDINGS.— (1) ADMISSIBILITY.—Except in a judicial investigation or proceeding alleging a violation of this section, information obtained in violation of this section is not admissible by the Federal Government in any criminal, civil, administrative, or other investigation or proceeding.
(c)(2) CAUSE OF ACTION.— (A) IN GENERAL.—A violation of this section constitutes an injury to any individual aggrieved by a violation of this Act. (B) RIGHT TO SUE.—An individual described in subparagraph (A) may institute proceedings against the Federal Government whose official is alleged to have violated this section for the relief described in subparagraph (D) in any court of competent jurisdiction. (C) ENFORCEMENT BY STATE ATTORNEYS GENERAL.—The chief law enforcement officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of that State in an appropriate district court of the United States to enforce this Act, whenever the chief law enforcement officer or other State officer has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act. (D) RELIEF.—In a civil action brought under subparagraph (B) in which the plaintiff prevails, the court may award— (i) actual damages; (ii) punitive damages; (iii) reasonable attorneys' fees and costs; and (iv) any other relief, including injunctive relief, that the court determines to be appropriate.
(d) CIVIL PENALTIES.—Any Federal officialFederal officialThe term "Federal official" means any officer, employee, agent, contractor, or subcontractor of the United States Government.Sec. 2(4) who is found to have violated this section may be subject to restraining, suspension, termination, or any other penalty, as determined in an appropriate tribunal, subject to applicable due process requirements.
(e)(1)–(2) 3 FEDERAL FUNDING.— (1) IN GENERAL.—No Federal funds may be obligated or expended by a Federal law enforcement agency for the purchase or use of a biometric surveillance systemBiometric surveillance systemThe term "biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition in real time or on a recording or photograph.Sec. 2(1). (2) UNALLOCATED FUNDS.—No Federal agency may use any unallocated funds appropriated to the agency for the purchase or use of a biometric surveillance systemBiometric surveillance systemThe term "biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition in real time or on a recording or photograph.Sec. 2(1).
(f) RULES OF CONSTRUCTION.—Nothing in this section may be construed— (1) to prohibit the National Institute of Standards and Technology (NIST) from testing or researching biometric surveillance systemsBiometric surveillance systemThe term "biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition in real time or on a recording or photograph.Sec. 2(1) or other remote biometric recognitionOther remote biometric recognitionThe term "other remote biometric recognition"— (A) means an automated or semi-automated process that— (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual's gait or other immutable characteristic ascertained from a distance; (ii) uses voice recognition technology; or (iii) logs such characteristics to infer emotion, associations, activities, or the location of an individual; and (B) does not include identification based on fingerprints or palm prints.Sec. 2(6) technologies in commercial use; or (2) to preempt or supersede any Federal, State, or local law that imposes a more stringent limitation than the limitations described in this section.
Section 3 is the operative core of the bill. It makes it unlawful for any federal agency or federal official, acting in an official capacity, to acquire, possess, access, or use any biometric surveillance system — or information derived from one operated by another entity — anywhere in the United States. The prohibition is subject to a narrow exception: only a future Act of Congress that describes with particularity the authorized entities, biometric types, purposes, prohibited uses, data management standards, accuracy auditing requirements (including by gender, skin color, and age), due-process and civil-liberties protections, and compliance mechanisms can override the ban.
Evidence obtained in violation is excluded from all federal proceedings except actions alleging a violation of the section itself. Enforcement includes a private right of action for aggrieved individuals (with actual damages, punitive damages, attorneys' fees, and injunctive relief) and parens patriae suits by state attorneys general. Federal officials who violate the section face administrative penalties including restraining, suspension, or termination. The section also prohibits federal law enforcement agencies from using any federal funds — including unallocated appropriations — to purchase or use biometric surveillance systems. Savings clauses preserve NIST's ability to test and research commercial biometric technologies and prevent preemption of more stringent federal, state, or local laws.
(a) 4 FEDERAL FINANCIAL ASSISTANCE.—Beginning on the first day of the first fiscal year beginning after the date of the enactment of this Act, a State or unit of local government is ineligible to receive Federal financial assistance under the Byrne grant programByrne grant programThe term "Byrne grant program" means the grant program authorized under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.Sec. 2(2) unless the State or unit of local government is complying with a law or policy that is substantially similar to the prohibition set forth in section 3(a).
(b) RULE OF CONSTRUCTION.—Nothing in this section may be construed to preempt or supersede any Federal, State, or local law that imposes a more stringent limitation than the prohibition set forth in section 3(a).
Section 4 extends the biometric surveillance moratorium to state and local governments through a spending-power mechanism: beginning the first fiscal year after enactment, states and localities become ineligible for Byrne grant program funding unless they comply with a law or policy substantially similar to the federal prohibition in Section 3(a). This does not directly impose the prohibition on states but creates a powerful financial incentive to adopt one. A savings clause preserves more stringent existing or future federal, state, or local restrictions.